GBL 295 EXAM 2 Essay examples

As a tort, it is also possible for the third-party to become liable to the defendant to the action for special damages

Strict Liability: Tort liability, which is set upon the defendant without need to prove intent, negligence or fault; as long as you can prove that it was the defendant’s object that caused the damage.

The Plaintiff has suffered damages from the proximate cause of the defendant’s inaction and failure to follow proper procedures, in place by appropriate

The action is an intentional tort. This means doing a civil wrong and validating a legal duty to another party.

shall be liable to the party injured in an action at law, Suit in equity, or other proper

(2) In those instances where the plaintiff is not guilty of negligence, he would be forced to bear a portion of the loss should one of the tortfeasors prove financially unable to satisfy his share of the damages.

In Canada, when someone feels they have been wronged or injured by another, they can seek compensation through the courts. This area of law is known as tort law which examines conduct and consequences (Lin, 2010, p. 4). Tort law does not rely on promises or contracts. It is an area of law that examines the obligations and duties one party has to another. In relation to business and professionals, tort law aims to change the behavior of producers to prevent future harm or loss (Lin, 2010, p. 9).

Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally

Damages – defendant is responsible for monetary award to the plaintiff for the purpose of compensation and

The purpose of tort law is to provide compensation to victims when they have experienced harm or loss. Making the person “whole” and

One approach to minimize large amounts of tort claims for medical malpractice is to put a cap on non-economical awards. Tort reform is the response; a tort is a civil lawsuit for damages over private wrongs other than breach of contract. According to Lau and Johnson (2014), a tort can be categorized into three categories: intentional tort, when tortfeasor acted with intent, negligence, if the tortfeasor did not act intentionally, but failed to act as a reasonable person, and lastly, strict liability, if the tortfeasor is engaged in certain activities, which caused injury or death due to it. The massive medical malpractice cases across the nation have made defending frivolous lawsuits is a national problem; ultimately, the general public

Issue - What is the central question regarding the tort? Is this a civil or lawsuit?

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke, 2005). There is more to

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own